Legal Opinion

Thurber v. Blackbourne

Superior Court of New Hampshire

Decided September 15, 1818PublishedCited by 7 opinions

THIS was an action of debt on a judgment recovered in the court of common pleas for the county of Providence, in the state of Rhode Island. The defendant pleaded nil debet, to which plea the plaintiff demurred.

1Opinion of the CourtBell, J.

' The sufficiency or insufficiency of this plea depends upon the question whether this judgment, in the form in which it is presented, is or is not to be regarded as a specialty.

The judgments of courts of records are, by the common law, considered either as domestick or foreign judgments. A domestick judgment is the judgment of a court of record *243of the same jurisdiction. A copy of the record of a do-mesfcick judgment duly authenticated affords incontrovertible- evidence of a specialty debt. It imports such absolute verity that it can be denied only by a demaljof the existence of the record on…

2Cited by7 opinions

  1. Holt v. AllowayIndiana Supreme Court · 1827
  2. State ex rel. Gentry v. FrySupreme Court of Missouri · 1835
  3. Robinson v. PrescottSuperior Court of New Hampshire · 1828
  4. Whittier v. WendellSuperior Court of New Hampshire · 1834
  5. Taylor v. BarronSuperior Court of New Hampshire · 1855

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